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The guilty portion of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.
Defendants shall be acquitted respectively.
Reasons
1. Summary of grounds for appeal;
A. The registration of transfer of ownership of D Apartment Co., Ltd. (hereinafter “victim Co., Ltd.”) related to D Apartment 602 and 802 (hereinafter “the apartment of this case”) in the course of misunderstanding the legal principles is sold by auction to the victim Co., Ltd. as a result of the victim Co., Ltd.’s breach of trust under J and public conspiracy with the Defendant at the time of the victim Co., Ltd.’s transfer of ownership in violation of the partnership agreement with the Defendant at the time of the former owner. The Defendant’s possession of the instant apartment Nos. 602 and 802 does not constitute interference with the business of the victim Co., Ltd.
B. Each sentence of unfair sentencing (the first instance court: the fine of 5 million won, the fine of 1.5 million won, and the fine of 1.5 million won) of the lower court is too unreasonable.
2. Judgment on the Defendant’s assertion of misapprehension of legal principles
A. The summary of each of the facts charged in the instant case 1) The Defendant asserted a lien on the instant apartment No. 802, and I paid 24 million won to the Defendant from August 2008, and was in possession of the said apartment from around August 15, 2012, and the Defendant Company owned the instant apartment No. 802 at the successful bid on June 15, 2012. The Defendant conspired with I, even though the victim requested from June 15, 2012 to August 30, 2015, the said D apartment No. 802 had been occupied without permission, and interfered with the Defendant’s real estate lease and sale business of the instant apartment No. 602 in a way that it did not go through. 2) The instant apartment No. 602, the Defendant is the Defendant’s Claim Council, and the Defendant’s Claim Council is the Defendant’s Claim Council.
On June 19, 2012, the victim company is a person who registered the transfer of ownership by winning a successful bid through an auction procedure with respect to the apartment of this case 602, which is occupied under the name of the defendant and A to exercise the right of retention. F.